On the Matter of Bagatz VS. Katzav

I'm sure you've all heard of Bagatz's decision to suspend the plea bargain with Moshe Katzav. In all likelihood, given the temprament of the court and the media circus, the arrangement will be overturned. While many are exulting at this reversal, I belive that Bagatz's present policy is nothing short of a disaster. This has nothing to do with the specific case of Katzav himself. If he really is guilty of the charges, then I would like nothing more than to see him put in a jail cell alongside a very lonely 300-pound prisoner named Bubba, or the Israeli equivalent, for the rest of his natural life.

So what's the problem, you may ask? There are many, actually, but I will focus in this post on one immediate issue - plea bargains. The overwhelming majority of criminal convictions in this country are based on plea bargains of one kind or another. Only a small percentage of cases actually see the inside of a courtroom. Even so, the judicial system suffers from backlog and there is a lack of judges.

Now imagine that Katzav's plea bargain is overturned. The judges can claim that it was an exceptional ruling from now till Doomsday - once the precedent has been set, there will be no turning back. Every bereaved family member or two-bit politico with a grudge can apply to have cases re-opened or the thousands of pleas arrived at each year examined. As a result, there will be fewer pleas, fewer "deals" to get at least partial justice or catch criminal fish higher up the ladder. Thousands of cases will result not in pleas, since the defendants aren't going to sign agreements that could easily be overturned. Many cases which could have had some good results will be thrown out, many other will reach the courtroom. Trials will take years longer to be resolved, if ever.

In its effort to achieve absolute "justicity" over every facet of administration in this country, Bagatz will end up paralyzing the justice system. Bagatz would have done well to take a cue from Moses, who realized that even he could not handle every single complaint. As for the "lynch-mob" public enthusiastically endorsing a Bagatz reversal, I would advise: "Be careful what you wish for...you just might get it".